[112th Congress Public Law 18]
[From the U.S. Government Printing Office]
[[Page 125 STAT. 223]]
Public Law 112-18
112th Congress
An Act
To authorize appropriations for fiscal year 2011 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes. <<NOTE: June
8, 2011 - [H.R. 754]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Intelligence Authorization
Act for Fiscal Year 2011.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Non-reimbursable detail of other personnel.
Sec. 304. Intelligence officer training program.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Schedule and requirements for the National Counterintelligence
Strategy.
Sec. 402. Insider threat detection program.
Sec. 403. Inspector General report recruitment and retention of racial
and ethnic minorities.
Sec. 404. Report on potential consolidation of elements of the
intelligence community.
Subtitle B--Other Elements
Sec. 411. Defense Intelligence Agency counterintelligence and
expenditures.
[[Page 125 STAT. 224]]
TITLE V--OTHER MATTERS
Sec. 501. Sense of Congress regarding the priority of railway
transportation security.
TITLE VI--HONORING THE MEMBERS OF THE INTELLIGENCE COMMUNITY FOR THEIR
ROLE IN THE MISSION THAT KILLED OSAMA BIN LADEN ON MAY 1, 2011
Sec. 601. Honoring the members of the intelligence community for their
role in the mission that killed Osama bin Laden on May 1,
2011.
SEC. 2. <<NOTE: 50 USC 403-1 note.>> DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence
Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and the authorized
personnel levels (expressed as full-time equivalent positions) as of
September 30, 2011, for the conduct of the intelligence activities of
the elements listed in paragraphs (1) through (16) of section 101, are
those specified in the classified Schedule
[[Page 125 STAT. 225]]
of Authorizations prepared to accompany the bill H.R. 754 of the One
Hundred Twelfth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
classified Schedule of Authorizations referred to in subsection (a)
shall be made available to the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of Representatives,
and to the President. <<NOTE: President.>> The President shall provide
for suitable distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2011 the sum of
$660,732,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2012.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 787 full-time equivalent personnel as of
September 30, 2011. Personnel serving in such elements may be permanent
employees of the Office of the Director of National Intelligence or
personnel detailed from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Community Management Account for fiscal
year 2011 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section
102(a). Such additional amounts made available for advanced
research and development shall remain available until September
30, 2012.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2011, there are authorized such full-time equivalent personnel
for the Community Management Account as of that date as are
specified in the classified Schedule of Authorizations referred
to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2011 the sum of
$292,000,000.
[[Page 125 STAT. 226]]
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of the
United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 303. NON-REIMBURSABLE DETAIL OF OTHER PERSONNEL.
(a) In General.--Section 113A of the National Security Act of 1947
(50 U.S.C. 404h-1) is amended to read as follows:
``non-reimbursable detail of other personnel
``Sec. 113A. <<NOTE: Time period.>> An officer or employee of the
United States or member of the Armed Forces may be detailed to the staff
of an element of the intelligence community funded through the National
Intelligence Program from another element of the intelligence community
or from another element of the United States Government on a non-
reimbursable basis, as jointly agreed to by the heads of the receiving
and detailing elements, for a period not to exceed two years. This
section does not limit any other source of authority for reimbursable or
non-reimbursable details.''.
(b) Table of Contents Amendment.--The table of contents in the first
section of such Act is amended by striking the item relating to section
113A and inserting the following:
``Sec. 113A. Non-reimbursable detail of other personnel.''.
SEC. 304. INTELLIGENCE OFFICER TRAINING PROGRAM.
Section 1024 of the National Security Act of 1947 (50 U.S.C. 441p)
is amended--
(1) in subsection (a)(1), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)'';
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(3) by inserting after subsection (b), the following:
``(c) Grant Program for Historically Black Colleges and
Universities.--(1) The Director may provide grants to historically black
colleges and universities to provide programs of study in educational
disciplines identified under subsection (a)(2) or described in paragraph
(2).
``(2) A grant provided under paragraph (1) may be used to provide
programs of study in the following educational disciplines:
``(A) Intermediate and advanced foreign languages deemed in
the immediate interest of the intelligence community, including
Farsi, Pashto, Middle Eastern, African, and South Asian
dialects.
[[Page 125 STAT. 227]]
``(B) Study abroad programs and cultural immersion
programs.''; and
(4) in paragraph (g) (as so redesignated)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1), the following:
``(2) <<NOTE: Definition.>> Historically black college and
university.--The term `historically black college and
university' has the meaning given the term `part B institution'
in section 322 of the Higher Education Act of 1965 (20 U.S.C.
1061).''; and
(C) by adding at the end the following:
``(4) Study abroad program.--The <<NOTE: Definition.>> term
`study abroad program' means a program of study that--
``(A) takes places outside the geographical
boundaries of the United States;
``(B) focuses on areas of the world that are
critical to the national security interests of the
United States and are generally underrepresented in
study abroad programs at institutions of higher
education, including Africa, Asia, Central and Eastern
Europe, Eurasia, Latin America, and the Middle East; and
``(C) is a credit or noncredit program.''.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. SCHEDULE AND REQUIREMENTS FOR THE NATIONAL
COUNTERINTELLIGENCE STRATEGY.
Section 904(d)(2) of the Counterintelligence Enhancement Act of 2002
(50 U.S.C. 402c(d)(2)) is amended--
(1) by striking ``Subject'' and inserting the following:
``(A) Requirement to produce.--Subject'';
(2) by striking ``on an annual basis''; and
(3) by adding at the end the following:
``(B) Revision and requirement.--The National
Counterintelligence Strategy shall be revised or updated
at least once every three years and shall be aligned
with the strategy and policies of the Director of
National Intelligence.''.
SEC. 402. <<NOTE: Deadlines. 50 USC 403-1 note.>> INSIDER THREAT
DETECTION PROGRAM.
(a) Initial Operating Capability.--Not later than October 1, 2012,
the Director of National Intelligence shall establish an initial
operating capability for an effective automated insider threat detection
program for the information resources in each element of the
intelligence community in order to detect unauthorized access to, or use
or transmission of, classified intelligence.
(b) Full Operating Capability.--Not later than October 1, 2013, the
Director of National Intelligence shall ensure the program described in
subsection (a) has reached full operating capability.
[[Page 125 STAT. 228]]
(c) Report.--Not later than December 1, 2011, the Director of
National Intelligence shall submit to the congressional intelligence
committees a report on the resources required to implement the insider
threat detection program referred to in subsection (a) and any other
issues related to such implementation the Director considers appropriate
to include in the report.
(d) Information Resources Defined.--In this section, the term
``information resources'' means networks, systems, workstations,
servers, routers, applications, databases, websites, online
collaboration environments, and any other information resources in an
element of the intelligence community designated by the Director of
National Intelligence.
SEC. 403. INSPECTOR GENERAL REPORT RECRUITMENT AND RETENTION OF
RACIAL AND ETHNIC MINORITIES.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Inspector General of the Intelligence Community shall
submit to Congress a report on the degree to which racial and ethnic
minorities in the United States are employed in professional positions
in the intelligence community and barriers to the recruitment and
retention of additional racial and ethnic minorities in such positions.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 404. REPORT ON POTENTIAL CONSOLIDATION OF ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Not later than December 31, 2011, the Director of National
Intelligence shall submit to congress a report containing any
recommendations the Director considers appropriate for consolidating
elements of the intelligence community.
Subtitle B--Other Elements
SEC. 411. DEFENSE INTELLIGENCE AGENCY COUNTERINTELLIGENCE AND
EXPENDITURES.
Section 105 of the National Security Act of 1947 (50 U.S.C. 403-5)
is amended--
(1) in subsection (b)(5), by inserting ``and
counterintelligence'' after ``human intelligence'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Expenditure of Funds by the Defense Intelligence Agency.--(1)
Subject to paragraphs (2) and (3), the Director of the Defense
Intelligence Agency may expend amounts made available to the Director
under the National Intelligence Program for human intelligence and
counterintelligence activities for objects of a confidential,
extraordinary, or emergency nature, without regard to the provisions of
law or regulation relating to the expenditure of Government funds.
``(2) The Director of the Defense Intelligence Agency may not expend
more than five percent of the amounts made available to the Director
under the National Intelligence Program for human intelligence and
counterintelligence activities for a fiscal year for objects of a
confidential, extraordinary, or emergency nature in accordance with
paragraph (1) during such fiscal year unless--
[[Page 125 STAT. 229]]
``(A) <<NOTE: Notification.>> the Director notifies the
congressional intelligence committees of the intent to expend
the amounts; and
``(B) <<NOTE: Time period.>> 30 days have elapsed from the
date on which the Director notifies the congressional
intelligence committees in accordance with subparagraph (A).
``(3) <<NOTE: Certification.>> For each expenditure referred to in
paragraph (1), the Director shall certify that such expenditure was made
for an object of a confidential, extraordinary, or emergency nature.
``(4) <<NOTE: Deadline. Reports.>> Not later than December 31 of
each year, the Director of the Defense Intelligence Agency shall submit
to the congressional intelligence committees a report on any
expenditures made during the preceding fiscal year in accordance with
paragraph (1).''.
TITLE V--OTHER MATTERS
SEC. 501. SENSE OF CONGRESS REGARDING THE PRIORITY OF RAILWAY
TRANSPORTATION SECURITY.
It is the sense of Congress that--
(1) railway transportation (including subway transit) should
be prioritized in the development of transportation security
plans by the intelligence community; and
(2) railway transportation security (including subway
transit security) should be included in transportation security
budgets of the intelligence community.
TITLE VI--HONORING THE MEMBERS OF THE INTELLIGENCE COMMUNITY FOR THEIR
ROLE IN THE MISSION THAT KILLED OSAMA BIN LADEN ON MAY 1, 2011
SEC. 601. HONORING THE MEMBERS OF THE INTELLIGENCE COMMUNITY FOR
THEIR ROLE IN THE MISSION THAT KILLED
OSAMA BIN LADEN ON MAY 1, 2011.
Congress--
(1) commends the men and women of the intelligence community
for the tremendous commitment, perseverance, professionalism,
and sacrifice they displayed in bringing Osama bin Laden to
justice;
(2) commends the men and women of the intelligence community
for committing themselves to defeating, disrupting, and
dismantling al Qaeda; and
(3) reaffirms its commitment to using the capabilities and
skills of the intelligence community to--
(A) disrupt, dismantle, and defeat al Qaeda and
affiliated organizations around the world that threaten
the national security of the United States;
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(B) eliminate safe havens for terrorists in
Afghanistan and Pakistan; and
(C) bring terrorists to justice.
Approved June 8, 2011.
LEGISLATIVE HISTORY--H.R. 754 (S. 719):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 112-72 (Permanent Select Comm. on Intelligence).
SENATE REPORTS: No. 112-
12 (Select Comm. on Intelligence) accompanying S. 719.
CONGRESSIONAL RECORD, Vol. 157 (2011):
May 12, 13, considered and passed House.
May 26, considered and passed Senate.
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